USA > Massachusetts > History of Massachusetts, for two hundred years: from the year 1620 to 1820 > Part 43
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are the commanders-in-chief of the militia of the several states, should surrender this force to the general government, in a case not authorized by the constitution, they would betray the trust confided to them by the people of their respective states. They must, therefore, examine the case, when called upon, and decide according as their duty, prescribed by the constitu- tion of the United States, and that of their particular state, shall demand.
"The militia is a force which belongs exclusively to the several states ; and is so recognised by the constitution of the United States. The federal government is one of limited au- thority, and has no other powers than those granted by the constitution. A power to call out the militia, to provide for the common defence, or to protect against invasion, is nowhere granted to the general government, in express terms. All the authority of the United States over the militia is, to call them forth to repel invasion, to execute the laws and to suppress in- surrection. The United States, however, are bound to pro- vide for the common defence. To repel invasion is included in this duty ; and as invasion may be sudden, even in the time of peace, and before the general government can bring its forces to meet an unexpected attack, the militia of the several states are granted to that government, from the necessity of the case, that they may provide for the common defence, in such a par- ticular situation." *
The intelligence of peace with England, which was received in February, gave great joy to both political parties, and to all classes of people. It went far to allay the bitter disputes, which prevailed in consequence of the war, and of the policy which led to it. The friends of the national administration rejoiced at the return of peace; for it relieved them from a critical situation and the heavy burdens of war, and yet the objects had not been obtained for which the war had been ostensibly declared,t and which, it had been said, more in a spirit of boasting, than of
* Mr. Gore quotes Mr. Madison, as saying, "that the powers of the fed- eral government are no further valid, than they are plainly authorized by the constitution ; and that, in case of the exercise of other powers not granted by that compact, the states have a right and are in duty bound to interfere ; nor can it be granted, that a power to act on a case when it shall occur, in- cludes a power over all the means that may tend to prevent the occurrence of the case.'
+ Mr. King, of New York, said, in the senate of the United States, when the treaty of Ghent was under discussion, " that, though it was preferable to a continuance of the war, it was less favorable than that made by Pinckney and Monroe, in 1808, which President Jefferson rejected, without even sub- mitting to the senate."
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wisdom, must be secured, before ever it would be terminated. But the state of Europe, as well as of the United States, made it the policy of the federal administration to solicit peace: and instructions were sent to the American envoys to negotiate on terms very different from those previously given as indispensa- ble. The French emperor, the great enemy of England, had been unsuccessful; and the latter nation would be able to send far more formidable fleets against the United States. The public debt had increased, within three years, in the sum of $150,000,000, and the revenue having greatly dimin- ished, on account of a very restricted commerce, the national credit was in a suffering condition. The people generally had called loudly for peace. And in a free and popular govern- ment, the rulers must be unwise, (unless fully convinced of the necessity of their policy for the welfare of the nation,) long to remain in opposition to public opinion. To the great majority of a nation, peace must always be preferred to war, unless the terms are very humiliating and inglorious, and clearly involve a relinquishment of the rights and interests of the people.
However inexpedient or unwise the war might have been, the American character for patriotism and bravery lost nothing by this calamitous event. The land and naval forces of the United States gained great credit for their courage and heroism. In the battles on land, the officers could not, indeed, in all in- stances, boast of success ; but, in most of the engagements with the enemy, they displayed great personal bravery. And the naval commanders gathered laurels in every clime. They often encountered ships of the enemy larger than their own ; and were almost always victorious. The British never before met so resolute and brave a foe on the ocean. The courage and prowess exhibited by the American navy, in the war of 1812, and in the revolutionary contest, have given it such a high character, that foreign nations will probably be cautious in attacking the United States. Much credit was also due to the militia of Massachusetts, who readily prepared to act for the defence of the state; and marched with alacrity, whenever ordered, to places exposed to the assaults of the enemy. In the course of the war, the whole number called out, in Massa- chusetts, was estimated to be forty-five thousand: but most of them were in actual service only a few days or weeks; and far the greater part of them were employed in July, August, Sep- tember, and October, of 1814. The expense incurred by the commonwealth, for the protection of its citizens against the enemy, in the pay of the militia, and in military stores, amount- ed to more than $800,000.
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When the news arrived, that the negotiations with Great Britain had issued in amity, the general court was assembled in the capital; and the members of both houses joined in cele- brating the joyful event, by a procession, in which the citizens of all grades and classes united ; and by attending religious ser- vice, in which the chaplains of the legislature were requested to give thanks to Almighty God, for the restoration of so great a national blessing.
During the war of 1812-14, uncommon attention was given to the manufacture of woollen and cotton cloths in Massachu- setts. The manufacture was much increased, in 1812. At the session of the legislature, in January, 1815, twenty-four companies were incorporated for these purposes; the greater part being for the manufacture of cotton cloths. The long period of non-importation and war, had the effect to raise such goods to a very high price: and many enterprising citizens vested their capital in these establishments. The result was unfortunate to them, as the early return of peace filled the country with similar products, and at a lower rate than they could be afforded from the infant factories in the United States. In July, 1816, the federal government afforded encouragement to these manufactures, by a heavy duty on such products as were imported from other countries. But another reason for imposing high duties, at this time, was the great debt of the nation, which the war had created, and which it was important to lessen by all just and practicable means.
Governor Strong was re-elected in 1815, though he ex- pressed a wish to retire from public office. He was nearly seventy years of age; and he had never earnestly coveted political life. But he was a sincere patriot; and therefore ready, at the call of the people, to render service to the com- monwealth in all critical periods. The solicitation of many highly respectable citizens prevailed with him to be a candidate for the chair once more, and he was chosen by a great majority of votes. His prudence and firmness, during the war, had in- creased the respect and attachment of the people for him, as their chief magistrate. Most of those opposed to his politi- cal opinions and measures, readily declared their respect for the character of the man. He was censured chiefly for with- holding the militia, when they were called for by the ex- ecutive of the United States. But there could be no doubt, that his course was the result of mature reflection, and agreea- ble to his views of the provisions and articles of the constitution. He appeared fully disposed to employ the militia for the de- fence and protection of the state; but he felt himself bound to
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employ them in such way and under such circumstances only as he was authorized and required by the constitution, which was his guide. In his public speech to the general court, in June, 1815, Governor Strong referred to his course during the war, and said, "he believed the experience and reflection of future times would confirm the correctness of the construction which the government of Massachusetts had put on the consti- tution, in regard to the militia." * * " The members of the general government in 1812 and 1814, he presumed would have adopted the same construction, at any period during the ad- ministration of Washington and Adams." The senate and house of representatives, in their answers to the governor's speech, expressed their entire confidence in the correctness of the views he had given, and declared their opinion of the wis- dom and patriotism of his conduct as the executive of the com- monwealth, during the alarming and critical period of war.
In his address to the legislature, in January, 1816, the gov- ernor referred to the numerous manufactories, then recently established in the state; and suggested the propriety of the legislature making legal provision, that the youth employed in them should be duly instructed, before entering, or while mem- bers of them. He also spoke of the ease with which laws were multiplied, and observed, that the people were in danger of treating the ancient forms and usages of the state with too little respect. " While we encourage a spirit of genuine im- provement, let us do justice," said he, "to the usages which we and our fathers have approved, and guard against a spirit of unceasing innovation. Let us cherish those principles of government and those systems of education, which have been derived to us from our ancestors; and especially, the institu- tions, which have a tendency to preserve in the minds of the people that reverence for the Deity, without which neither public nor private virtue can subsist, nor the welfare of a com- munity be secured."
CHAPTER XXXVII.
Governor Brooks-His character, and political opinions-Extracts from his public speeches-Candid and magnanimous-Recommends the interests of Education and Religion ; and a veneration for the Republican Institu- tions of the Commonwealth-State Prison-Separation of Maine-Revi- sion of the Constitution-Society of Cincinnati-Claim of the State on the United States.
GOVERNOR STRONG positively declined being a candidate for the chair, in 1816, and was succeeded by General Brooks. He was the first governor, after the revolution, who had not been educated in the University, except Mr. Sullivan. But the education and long practice of Mr. Sullivan in the law, rendered him well qualified to be the chief magistrate. And General Brooks, also, by an able administration of the govern- ment for seven years, proved his entire fitness for that high station. His early education, was such as the public grammar schools in Massachusetts afforded; and he studied medicine with a gentleman distinguished as a scholar and a physician. He engaged in the cause of liberty and his country early in 1775. The rank he held in June of that year, was that of major: and he accompanied Colonel Prescott to the heights of Charlestown, on the night of the 16th. The next year, he received a commission as lieutenant colonel ; and afterwards commanded a regiment in the Massachusetts line; and he con- tinued in military service till the peace. He was also major general of the militia, and member of the legislature, and of the executive council several years. In the war of 1812, Governor Strong appointed him adjutant general, and placed great confidence in his patriotism and judgment. As a military officer, General Brooks was intelligent, discreet, and brave; and as chief magistrate, he was distinguished for his impartiality, candor, and firmness. His public speeches discovered correct and profound views on political subjects, a thorough knowledge of the principles of civil liberty, and of the theory of the federal
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government. He was not quick in making up his judgment ; but he usually decided correctly, and was very firm in adhering to his opinions thus maturely formed. In his appointments to office, and in his treatment of political opponents, he was truly candid and magnanimous. In his deportment, he exhibited the manners of an accomplished military gentleman. But this was his smallest praise. He possessed honorable feelings, and a sense of moral obligation surpassed by no one.
His views were alike republican and practical. He adopted no wild theory of human perfectibility ; nor pleaded that human freedom would be sufficiently restrained for the purposes of social welfare, by mere public opinion. Though an ardent friend of civil liberty, he was not therefore the enemy of law. Indeed, he never dreamed that liberty and law were antagonist principles. It would be most unjust to charge him with favor- ing the doctrine of legitimacy ; or, to use a more modern phrase, the conservative system. And yet he was as decided a supporter of law and order, as Washington or Strong.
He was a true and faithful representative of New England opinion and manners ; and warmly attached to the literary, religious, and political institutions of his native state. The following paragraphs from his public speeches to the general court, while he was chief magistrate, will best illustrate the political and republican character of this excellent man ; and, though the sentiments have not the claim of originality, they are sufficiently important to be preserved, for the recollection of the free citizens of Massachusetts.
" The institution of civil government is essential to human happiness : without it, existence would cease to be a blessing. But as we can discern no ground, in nature, for the assump- tion of a right in one individual to control the actions of ano- ther, we conclude that all men are originally equal ; and therefore that legitimate government must be derived trom the will of the people. How little other governments of the world may correspond with these positions, we have the satisfaction to reflect, that Massachusetts and her sister states, separately and conjointly, have realized, and are now enjoying the right of self government.
" The people of this state have been favored by Providence with an opportunity for framing for themselves a constitution of government on the broad basis of equal rights : and we should rejoice in the reflection, that the great questions involved in forming a system of fundamental rules and maxims, which may last for an indefinite period, were discussed with a degree of intelligence, and a spirit of candor and mutual concession,
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which mark an age of wisdom and virtue. Power was impart- ed to public agents, with great caution ; and, in every practica- ble instance, limited with precision. Enough, however, was conceded in favor of delegated authority, to ensure tranquillity and a due execution of the laws. It is obviously, one of the leading objects of the constitution to counteract the tendency of office to accumulate power, and so guard against the abuse of delegated trust. Principles are immutable ; and our system is so framed, as to leave as little as possible to construction.
" It is foreign to my intention, as it would be to the occa- sion, to attempt an analysis of the constitution: but such pro- visions of that instrument as are vitally important to the public happiness, cannot be too frequently brought into view and in- pressed on the public mind. A sense of the value of first principles ought to be sacredly cherished. Avarice and ambi- tion wage external war with equal rights and civil liberty. This was the doctrine of our fathers, and is founded in the na- ture of man. It is the doctrine of the constitution, illustrated and confirmed by the unequivocal testimony of experience. Virtue is the great conservative of republics; and, coincident with other profound views, developed in the constitution and as auxiliary to their attainment, that instrument assigns an ele- vated rank to moral and religious principles. The happiness of the people, the good order and preservation of civil govern- ment are declared essentially to depend on piety, religion, and morality ; and wisdom and knowledge, as well as virtue, are considered necessary for the preservation of the rights and liberties of the people.
" The constitution of the United States is without precedent and without parallel. In its composition and form, it partakes of the federative character : but from the extent of its fiscal, executive, and other powers, possesses the essential attri- butes of an integral government. The confederation was a. government of courtesy. The national interests demanded one of efficiency. The just mean between a too limited, and an indefinite grant of power, was assiduously sought ; and tlie result submitted to the test of experience. The national com- pact, like the constitutions of the individual states, is an ema- nation from the same pure and legitimate source : and the spirit of freedom, which pervades and animates the state constitu- tions, is manifested in the national pact ; and all powers, not expressly delegated, are declared to be retained by the people, or the states.
" This express reservation of rights, besides being a condi- tion, without which the constitution would not have been adopt-
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cd, forms a check on the powers vested in the general govern - ment. The sovereignty of each state, though reduced from its original amplitude, has been viewed, by the most illustrious statesmen of our country, as forming a safe and effectual coun- terpoise to that mass of power given by the constitution of the United States, and which is necessary for the general welfare. Whatever apprehensions may have been entertained, at any former period, of the operations of the national government, the people of this commonwealth have but one sentiment, as to its continuance. Massachusetts will be among the last to impair the union of the states, as she would be the last, si- lently to ABANDON HER OWN JUST RIGHTS.
" Without extending our views to the general history of mankind or of governments, the annals of our own country, the migration and settlement, the political and religious principles, and the literary institutions of our fathers-the rise, progress, and termination of the momentous question between Great Britain and her colonies, (now the United States of America,) as to the right of parliamentary taxation-the origin, structure, and establishment of our system of jurisprudence ; open various and prolific sources of instruction to the legislator, and of proud satisfaction to the American patriot.
" Annual elections and frequent meetings of the legislature, being designed to perpetuate the principles of a free govern- ment in their purity and vigor, and to promote in the highest possible degree, the general welfare of the state, it seems highly important, and auxiliary to these ends, that the attention of the general court be frequently directed to inquiries into the competency of the laws for securing to the people their political and elective rights ; and whether they obtain, what the consti- tution assures them, "right and justice, without purchase, without denial, and without delay."
" Massachusetts has always been respectable among her sister states. And while she retains the spirit and is governed by the principles of her political, religious, and moral institu- tions, while her schools and seminaries of learning are support- ed, while science and the useful arts are cultivated, her love of justice and habits of industry and economy are maintained, she will continue to command the respectful consideration of the civilized world.
" The commonwealth, to the mild and beneficent influence of whose constitution and laws we are indebted for our civil privi- leges, the secure enjoyment of the rights of conscience, and whatever is dear to us in domestic life, claims our first fealty and homage. And I may add, that the people in the several
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states will most effectually perpetuate the system of national government, by preserving the solidity and strength, and by maintaining the erect attitude of the PILLARS, on which the vast superstructure is erected.
" Hitherto, conformably to the genius and maxims of free governments, all the departments of industry have been equally protected by the laws. The destination of labor and capital has been controlled by the option of individuals : and in this freedom of choice, our liberty greatly consists."
These opinions and declarations, officially made to the as- sembled representatives of the people, were the result of mature reflection, and of many years study of the nature of our free and happy government. They are true expressions of the enlightened patriot, and of the disinterested friend of republi- can liberty. The wish and object of his heart were the preserva- tion of civil liberty, supported by just and constitutional law. It was not in character for Governor Brooks to make public speeches merely for display, or to gain popularity. His was the rare patriotism, which prefers the public welfare to popular favor. He relinquished an honorable profession, and entered into the service of his country from the purest motives. After a faith- ful and resolute discharge of his duty, as an officer of the revo- lutionary army during the whole war, he took a very decided and active part in preserving order and subordination among the troops, in 1783, on the restoration of peace. When in- sidious attempts were made to persuade the troops, with arms in their hands, to assume the attitude of menace, and to insist on payment from congress, when it was wholly out of their power ; a committee of the officers, who had a meeting on this most alarming occasion, and who, (to the great honor of the individuals chosen,) were General Knox, Colonel Brooks, and Captain Hayward, all of Massachusetts, reported resolu- tions, which were unanimously adopted ; and were as follows :* " That, at the commencement of the present war, the officers of the American army, engaged in the service of their country, from the purest love and attachment to the rights and liberties of human nature, (which motives still exist in the highest de- gree) and that no circumstances of distress or danger shall in- duce a conduct which may tend to sully the reputation and glory they have acquired, at the price of their blood, and eight years' faithful services : That the army have an unshaken con-
* General Gates was chairman of this meeting of officers of the conti- nental army ; and the meeting, when the committee was. elected, was ad- dressed by General Washington, the commander-in-chief.
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fidence in the justice of congress and their country; and are fully convinced that the representatives of the American peo- ple will not disband nor disperse the army, until their accounts are liquidated, and adequate funds established for their pay- ment : That the commander-in-chief be requested to write to the president of congress, earnestly entreating the speedy decision of that honorable body on the subject of our late address, which was forwarded by a committee of the army : In the alternative of peace or war, this event would be highly satisfactory, and would produce immediate tranquillity in the minds of the army, and prevent any further machinations of designing men to sow discord between the civil and military powers of the country : And that the officers of the American army view with abhorrence and reject with disdain, the infa- mous propositions contained in a late anonymous address to the officers of the army, and resent with indignation the secret attempts of some unknown persons to collect the officers to- gether, and in a manner totally subversive of all discipline and good order." *
Governor Brooks took a deep interest in the penitentiary at Charlestown, which was established at the expense and by the direction of the state, at the time of some changes in the criminal code. When first established, and for several subse- quent years, the system was very defective, and did not answer
* Certain individuals were suspected of a plan so to excite the feelings of the anny, as to induce them to remain together till congress should provide payment, in part, for their wages, and adopt effectual measures to answer all their claims within a definite period. Anonymous letters were circula- ted, addressed chiefly to the passions of the soldiers ; and except for the prompt efforts of General Washington and some other officers, the most disastrous effects might have followed.
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